Round-up

5 reg changes impacting sensitive industries and FDI laws

Kirsty Simon, Senior Associate

Author: Kirsty Simon, Senior Associate

06 December 2024

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Area: Shareholding disclosure

5 reg changes impacting sensitive industries and FDI laws

Saudi Arabia

New Investment Law (FDI)

MISA’s new investment law is scheduled to come into effect in February 2025.

Key points:

  • applies to both domestic and foreign investors (subject to exemptions)
  • establishes a new simplified registration requirement for investors
  • increase protections for investors and their interests
  • differentiates serious and non-serious breaches

Netherlands

FDI guidance

Guidance has been issued on the types of companies within scope of the FDI requirements. It has clarified that the FDI Screening Act also applies to companies that supply products, machines, know-how or services that, with respect to their aim, function, or technical characteristics, are specifically tailored to the R&D, production, processing or operation of semiconductor, quantum, and photonics technologies.

United States

Final rules amending CFIUS foreign investment penalties and expanding coverage of real estate transactions

The US Treasury Department has issued final rules:

  • to enhance certain CFIUS procedures and sharpen its penalty and enforcement authorities
  • expanding CFIUS coverage of real estate transactions located near to defence

The rules amending the foreign investment penalties were announced on 18 November 2024 and are effective
30 days from publication in the Federal Register. The expanded coverage of real estate transactions will come
into effect on 9 December 2024.

China

Amendments to foreign strategic investment

The CSRC issued amendments to its foreign strategic investment in A shares of Chinese incorporated companies which include:

  • minimum assets thresholds on foreign investors
  • notification of investment information for 5% holders

This came into effect on 2 December 2024.

India

New procedure for reclassification of FPI investment to FDI

The RBI and SEBI have introduced a framework for reclassification of FPI to FDI when the 10% FPI limits are met:

  • FPIs will have the option to reclassify the excess under the FDI route; or
  • FPIs can divest

The circulars came into effect on 11 November 2024.

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